[Adopted 6-11-2015 by L.L. No. 3-2015]
This article shall be known as the "Drinking Water Protection
Law."
As used in this article, the following terms shall have the
meanings indicated:
BLAST
The rapid release of heat and large quantities of high-pressure
gases that expand rapidly with sufficient force to overcome confining
forces resulting from the very rapid decomposition of a chemical compound
or mixture initiated by heat, shock, impact, friction, or a combination
of these conditions.
BLASTER
A person licensed as such by the New York State Department
of Labor.
BLASTING ENTITY
A person, a corporation or other legal business entity that
blasts or engages a blaster to blast either on its own behalf or on
behalf of another person, corporation or other entity within Albany
County.
BLASTING NOTIFICATION
A written notice in which blast information is provided by
the blaster or blasting entity, to include, but not be limited to,
the following: the blasting area, the date(s) and time(s) of the blasting,
how access to the blasting area will be controlled and the types and
patterns of blast warnings and signals that will be used.
INDEPENDENT PROVIDER
Any person, corporation or other legal business entity certified
by the New York State Department of Health and approved and designated
by the Albany County Department of Health to conduct pre-blast and
post-blast water quality sampling, analysis and reporting on same
for residents in Albany County.
PRIVATE DRINKING WATER SUPPLY SAMPLING AND ANALYSIS
As defined in the Albany County Department of Health's promulgated rules and regulations pursuant to §
297-6 of this article, with that definition encompassing, at a minimum, the presence of any "hazardous substance," as that term is defined in the rules and regulations of the New York State Department of Environmental Conservation and, in the case of a well providing drinking water, the recharge rate and turbidity of any such well.
QUALITY
As defined in the Albany County Department of Health's promulgated rules and regulations pursuant to §
297-6 of this article.
RECHARGE RATE
As defined in the Albany County Department of Health's promulgated rules and regulations pursuant to §
297-6 of this article.
RESIDENT
Any property owner within Albany County.
VOLUME/YIELD
As defined in the Albany County Department of Health's promulgated rules and regulations pursuant to §
297-6 of this article.
Records of all blasts must be maintained by the blasters or
blasting entities for a period of at least five years from the date
of a blast, or the date of the last blast, if more than one blast
occurs in a blasting program. These records shall be made available
for inspection upon written request by, and at no cost to, the public.
The Albany County Health Commissioner is authorized to promulgate rules and regulations and take any and all other reasonable actions necessary to implement and enforce this article. In addition, the Commissioner is expressly delegated the authority to promulgate and adopt rules and regulations that make §§
297-4,
297-7,
297-8 and
297-9 of this article applicable to public drinking water supplies. Any rules and regulations so promulgated shall be made available on the County of Albany website in a manner approved by the Commissioner.
Blasters or blasting entities shall be responsible for the reasonable costs of the pre-blast private drinking water supply sampling and analysis requested by residents and conducted by the independent provider pursuant to §
297-4.
The Commissioner of Health may, in his/her absolute discretion,
suspend or modify the requirements of this article:
A. When he/she deems it necessary to do so to protect the health, safety
and welfare of the public; or
B. For state, County or municipal projects if, in his/her opinion, adequate
safeguards have been implemented to prevent well contamination.
This article shall not apply to:
A. Mines subject to local municipal regulation or state regulation under Title 27 of Article
23 of the Environmental Conservation Law; or
B. Water well drillers subject to state regulation under Title 15 of Article
15 of the Environmental Conservation Law.
If any part or provision of this article is inconsistent with
any federal or state statute, law, rule or regulation, then such statute,
law, rule or regulation shall prevail. If any part or provision of this
article or the application thereof to any person or circumstance be
adjudged invalid by a court of competent jurisdiction, such judgment
shall be confined in its operation to the part or provision of or
application directly involved in the controversy in which such judgment
shall have been rendered and shall not affect or impair the validity
of the remainder of this article, or the application thereof to other
persons or circumstances.
This article shall be null and void on the day that statewide
or federal legislation goes into effect, incorporating either the
same or substantially similar provisions as are contained in this article,
or in the event that a pertinent state or federal administrative agency
issues and promulgates regulations preempting such action by the County
of Albany. The Albany County Legislature may determine via resolution
whether or not identical or substantially similar statewide legislation
has been enacted for the purposes of triggering the provisions of
this section.
[Adopted 10-13-2015 by L.L. No. 6-2015]
This article shall be known as the "Public Drinking Water Protection
Law."
As used in this article, the following terms shall have the
meanings indicated:
BLAST
The rapid release of heat and large quantities of high-pressure
gases that expand rapidly with sufficient force to overcome confining
forces resulting from the very rapid decomposition of a chemical compound
or mixture initiated by heat, shock, impact, friction, or a combination
of these conditions.
BLASTER
A person licensed as such by the New York State Department
of Labor.
BLASTING ENTITY
A person, a corporation or other legal business entity that
blasts or engages a blaster to blast either on its own behalf or on
behalf of another person, corporation or other entity within Albany
County.
BLASTING NOTIFICATION
A written notice in which blast information is provided by
the blaster or blasting entity, to include, but not be limited to,
the following: the blasting area, the date(s) and time(s) of the blasting,
how access to the blasting area will be controlled and the types and
patterns of blast warnings and signals that will be used.
MUNICIPAL WATER SOURCE
Any reservoir or well located within Albany County which
serves as a source of public drinking water supply for Albany County
residents.
PUBLIC WATER SYSTEM
A system for the provision of water to the public for human
consumption through pipes or other constructed conveyances, if such
system has at least 15 service connections or regularly serves an
average of at least 25 individuals daily at least 60 days out of the
year, as defined in the National Primary Drinking Water Regulations.
QUALITY
As defined in the Albany County Department of Health's promulgated rules and regulations pursuant to §
297-19 of this article, and shall reference the list of contaminants and their maximum contaminant levels (MCLs) set by the National Primary Drinking Water Regulations.
Records of all blasts must be maintained by the blasters or
blasting entities for a period of at least five years from the date
of a blast, or the date of the last blast, if more than one blast
occurs in a blasting program. These records shall be made available
for inspection upon written request by, and at no cost to, the public.
The Albany County Health Commissioner is authorized to promulgate
rules and regulations and take any and all other reasonable actions
necessary to implement and enforce this article. Any rules and regulations
so promulgated shall be made available on the County of Albany website
in a manner approved by the Commissioner.
The Commissioner of Health may, in his/her absolute discretion,
suspend or modify the requirements of this article:
A. When he/she deems it necessary to do so to protect the health, safety
and welfare of the public; or
B. For state, county or municipal projects if, in his/her opinion, adequate
safeguards have been implemented to prevent well contamination.
This article shall not apply to:
A. Mines subject to local municipal regulation or state regulation under Title 27 of Article
23 of the Environmental Conservation Law; or
B. Water well drillers subject to state regulation under Title 15 of Article
15 of the Environmental Conservation Law.
If any part or provision of this article is inconstant with
any federal or state statute, law, rule or regulation, then such statute,
law, rule or regulation shall prevail. If any part or provision of this
article or the application thereof to any person or circumstance be
adjudged invalid by a court of competent jurisdiction, such judgment
shall be confined in its operation to the part or provision of or
application directly involved in the controversy in which such judgment
shall have been rendered and shall not affect or impair the validity
of the remainder of this article, or the application thereof to other
persons or circumstances.
This article shall be null and void on the day that statewide
or federal legislation goes into effect, incorporating either the
same or substantially similar provisions as are contained in this article,
or in the event that a pertinent state or federal administrative agency
issues and promulgates regulations preempting such action by the County
of Albany. The Albany County Legislature may determine via resolution
whether or not identical or substantially similar statewide legislation
has been enacted for the purposes of triggering the provisions of
this section.